Overhead Crane & Column-Mounted Jib Cranes

Closed Solicitation Posted Apr 6, 2020

This opportunity was awarded. See the award notice from Jul 29, 2020.

Solicitation number: 70Z04020Q61092Y00
Agency: Coast Guard Department of Homeland Security
Responses due: Jul 9, 2020, 11:00 AM ET
Set-aside: Total Small Business

Opportunity facts

NAICS code: 333923 Overhead Traveling Crane, Hoist, and Monorail System Manufacturing
PSC: 3950 Winches, Hoists, Cranes, And Derricks
Place of performance: Curtis Bay MD 21226 USA

Notice details come from SAM.gov. Updated Jun 30, 2020.

About this opportunity

Written by GovTribe AI · Dec 29, 2023

This solicitation from the United States Coast Guard seeks proposals to provide one 20-ton overhead gantry crane with a 200-foot span, eight 1.5-ton column-mounted jib cranes, and associated design, installation, testing, certification, and training services. Offerors must meet all technical requirements and provide pricing for each contract line item number. Proposals will be evaluated based on technical acceptability, price reasonableness considering the total proposed price, and past performance. Quotes are due by April 20, 2020.

This requirement has been set aside for total small business participation. The work includes one 20-ton overhead gantry crane, eight 1.5-ton column-mounted jib cranes, footing and piling design, installation at the U.S. Coast Guard Yard in Baltimore, Maryland within 120 calendar days of award, testing, certification, training, and associated documentation. Evaluation will be based on technical acceptability, price, and past performance, with award to be made to the lowest-priced technically acceptable offeror with acceptable past performance.

Notice text

6 versions

Update #6 · Latest · Jun 30, 2020

6/30/2020: Amendment A00005

This amendment (A00005) has been posted to revise the Combined Synopsis/Solicitation for the Overhead Crane & Column-Mounted Jib Cranes, revise the Performance Work Statement (PWS), and answer questions from Industry.

Quotations shall be submitted via email to the Contract Specialist, Linda Lassiter at linda.b.lassiter@uscg.mil by Thursday, 9 July 2020 @ 11:00am EST.

ADDITIONAL NOTES:

1. Although briefly discussed at the site visit on 18 June 2020, there will be no partial payments, progress payments, performance based payments, or any other type of government financing for this requirement. Any quotation that includes such payments shall be determined unacceptable and shall be eliminated from further consideration. Please review FAR 52.232-15 Progress Payments Not Included.

2. Please review the Addendum to FAR 52.212-1 Instructions to Offeror - Commercial Items for the quotation submission instructions. Quotations that fail to follow these submission requirements shall be determined unacceptable and shall be eliminated from further consideration.

6/19/2020: Amendment A00004

This is a notice to inform potential offerors that after industry feedback from the site visit held on 6/19/2020, the PWS will need additional revisions. The due date for quotation submissions will be extended once the new PWS is posted.

6/11/2020: Amendment A00003

This amendment (A00003) has been posted to revise the Combined Synopsis/Solicitation for the Overhead Gantry Crane & Column-Mounted Jib Cranes. This revision includes an updated Performance Work Statement (PWS) and an updated Solicitation, both of which are attached.

Any questions must be submitted to Contract Specialist, Linda Lassiter, at linda.b.lassiter@uscg.mil by Thursday, 18 June 2020 @ 3:00pm EST. No questions will be accepted after this time.

Quotations shall be submitted via email to the Contract Specialist, Linda Lassiter at linda.b.lassiter@uscg.mil by Wednesday, 24 June 2020 @ 11:00am EST.

ADDITIONAL NOTES:

1. Please review the Addendum to FAR 52.212-1 Instructions to Offeror - Commercial Items for the quotation submission instructions. Quotations that fail to follow these submission requirements shall be determined unacceptable and shall be eliminated from further consideration.

2. Please review FAR 52.232-15 Progress Payments Not Included. There will be no progress payments, performance based payments, or any other type of government financing for this requirement. Any quotation that includes such payments shall be determined unacceptable and shall be eliminated from further consideration.

3. Site Survey:

In an effort to promote clear communication of government requirements for this acquisition, a site visit is scheduled for Thursday, 18 June 2020 @ 10:00 am EST at the following location:

USCG Yard

2401 Hawkins Point Road

Baltimore, MD 21226-5000

POC: LTJG Katherine Beasley

Phone: (410) 636-3470

Email: Katherine.a.beasley@uscg.mil

Companies interested in participating in the site visit will need to contact the POC listed above via email at least 24 hours prior to scheduled date, with individual's names for Yard access (limit 2 people per company). All contractor personnel who attend must be a U.S. Citizen and have a valid U.S. Driver’s License, which will be presented to the Security Officer at the main gate. Hard hats, safety glasses and closed toe shoes are required to access the site. We will meet at the front gate at 9:45 to ensure everyone gets through the gate. Late attendees will not be granted access to the Yard. Please note that the date and location may be subject to change due to unforeseen delays, and the Government cannot be held liable for any costs incurred by you or your company should there be any unforeseen changes to the event. Attendance at site visit, while encouraged, is completely voluntary. Any known changes to the scheduled date will be communicated in writing via solicitation amendment. Plan on no more than 2 hours for the site visit.

Prospective bidders are responsible for visiting the site to verify existing conditions and determine actual dimensions and the nature of the work required. Failure to visit the site does not relinquish the prospective bidder from determining the extent and scope of the work required and estimating the difficulty and cost to complete the project. Requests for equitable adjustments, in either time or money, arising from failing to field verify site conditions shall be denied. Provisions regarding the site visit requirements are outlined in FAR Clause 52.237-1 “Site Visit”.

4/24/2020: Amendment A00002

The attached amendment (Amendment A00002) has been issued to provide clarification to the previously posted questions from industry related to this solicitation.

The due dates for the quotations has NOT been extended. Quotations are due Wednesday, April 29th at 11:00 am EST. Please email Linda Lassiter at linda.b.lassiter@uscg.mil, with a copy also being sent to Kimberly Milewski at kimberly.milewski@uscg.mil.

4/17/2020: Amendment A00001

The attached amendment (Amendment A00001) has been issued to to address questions from industry related to this solicitation. Two Drawings (A00001_BLDG 5 Dwg and A00001_Engine Overhaul Facility) and pictures (A00001_Crane Pictures) have also been attached.

The due dates for the quotations has been extended to Wednesday, April 29th at 11:00 am EST. Please email Linda Lassiter at linda.b.lassiter@uscg.mil, with a copy also being sent to Kimberly Milewski at kimberly.milewski@uscg.mil.

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program

It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time-consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government Accountability Office (GAO).

Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute Resolution (ADR) forum rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the Contracting Officer or Ombudsman.

Informal Forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the applicable Contracting Officer. If the Contracting Officer is unable to satisfy their concerns, interested parties are encouraged to contact the U.S. Coast Guard Ombudsman for Agency Protests. Under this informal process the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable).

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions. If the protester’s concerns are unresolved, an Independent Review is available by the Ombudsman. The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103(d) (2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. To be timely protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be submitted electronically to OPAP@uscg.mil and the Contracting Officer or by hand delivery to the Contracting Officer.

Election of Forum. After an interested party protests a Coast Guard procurement to the Contracting Officer or the Ombudsman, and while the protest is pending, the protester agres no to file a protest with the GAO or other external forum. If the protest is filed with an external forum, the agency protest will be dismissed.

The Ombudsman Hotline telephone number is 202.372.3695.

INSTRUCTIONS TO OFFEROR

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 as supplemented with additional information in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This Solicitation incorporates provisions and clauses in effect through Federal Acquisition Circular 2020-05, effective 30 March 2020. This requirement is being solicited using Federal Acquisition Regulations (FAR) Part 12, Acquisition of Commercial Items and FAR Part 13.5 Simplified Procedures for Certain Commercial Items. Provision at 52.212-1, Evaluation-Commercial Items is applicable. This solicitation is a Request for Quote that will result in the award of a firm fixed price contract. A written notice of award or acceptance of an offer, e-mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party.

Any questions concerning this solicitation must be submitted as Request for Information (RFIs) via e-mail only to linda.b.lassiter@uscg.mil no later than 13 April 2020 at 11:00 AM (EST).

By submission of a quote, the Offeror(s) acknowledges the requirement that prospective awardee must have an active registration in the SAM database prior to award, during performance, and through final payment of any contract resulting from this quote. Lack of active registration in the SAM database will make an Offeror ineligible for award. Offeror(s) may obtain information on registration and annual confirmation requirements by calling 1-888-227-2423, or at: http://www.beta.SAM.gov.

Quote(s) shall be submitted via e-mail to the Contract Specialist, Linda Lassiter at linda.b.lassiter@uscg.mil, no later than 20 April 2020 at 11:00AM (EST). All submissions shall include “70Z04020Q61092Y00” in the subject line of the email.

Offeror(s) shall submit a complete price schedule. All line items must be priced to be considered for award. Quotes providing partial pricing shall be considered non- responsive.

The Government may require additional pricing information to assist in determining the extent to which the price is fair and reasonable and the pricing information shall be provided if requested. The Government will evaluate quotes for award purposes by adding the total of all CLIN prices to ensure that pricing is not unbalanced.

U.S. COAST GUARD INSPECTIONS AND ACCEPTANCE (DESTINATION)

Inspection and acceptance is FOB Destination. Acceptance will be contingent upon the Government’s Representative verification of no damage in transit, correctness and completeness of installation, Contractors conformance to all the requirements identified in the Performance Work Statement, and successful demonstration of the performance requirements.

PLACE OF PERFORMANCE.

U.S. Coast Guard Yard

2401 Hawkins Point Road

Baltimore, MD 21226-5000

SCHEDULE OF SUPPLIES OR SERVICES AND PRICES/COSTS

The Contractor shall provide the following items in accordance with the Performance Work Statement (PWS), Attachment 1. Insert the unit price for all CLINs listed in the Schedule unless “NSP” is printed in the Unit Price column for any CLIN. “NSP” means “Not Separately Priced”.

CLIN No.

Description

Qty.

Unit of Measure

Unit Price

Total Amount

0001

20-Ton Overhead Gantry Crane

Ea.

0002

Column-Mounted Jib Crane

Ea.

0003

Design for Footers and Pilings

Ea.

0004

Installation, Testing, Certification, and Training

0005

Project Schedule with Gantt Chart

Ea.

NSP

0006

Test Plan

Ea.

NSP

0007

Technical Manuals

Sets

NSP

FAR 52.211-8 TIME OF DELIVERY (JUN 1997)

The Government requires delivery to be made according to the following schedule:

Required Delivery Schedule:

Overhead Gantry Crane and Column-Mounted Jib Cranes

CLIN No.

Description

Qty

Within Calendar Days From

0001

20-Ton Overhead Gantry Crane

1 ea.

120 days after Contract Award

0002

1.5-Ton Column-Mounted Jib Crane

9 ea.

120 days after Contract Award

0003

Design for Footers and Pilings

1 ea.

Draft with proposal

Final 20 days after Contract Award

0004

Installation, Testing, and Certification

1 JB

Schedule to be Determined

0005

Project Schedule with Gantt Chart

1 ea.

Draft with proposal

Final 30 days after Contract Award

0006

Test Plan

1 ea.

Draft with proposal

Final 30 days after Contract Award

0007

Technical Manuals

2 sets

30 days prior to training

The Government will evaluate equally, as regards to time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, may be considered nonresponsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

Offeror’s Proposed Delivery Schedule:

Overhead Gantry Crane and Column-Mounted Jib Cranes

CLIN No.

Description

Qty

Within Calendar Days From

0001

20-Ton Overhead Gantry Crane

1 ea.

days after Contract Award

0002

1.5-Ton Column-Mounted Jib Crane

9 ea.

days after Contract Award

0003

Design for Footers and Pilings

1 ea.

Draft with proposal

Final days after Contract Award

0004

Installation, Testing, and Certification

1 JB

0005

Project Schedule with Gantt Chart

1 ea.

Draft with proposal

Final days after Contract Award

0006

Test Plan

1 ea.

Draft with proposal

Final days after Contract Award

0007

Technical Manuals

2 sets

days prior to training

Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful Offeror, results in a binding contract. The Government will mail or otherwise furnish to the Offeror an award or notice of award not later than the day award is dated. Therefore, the Offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor’s date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term “working day” excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: https://www.acquisition.gov

NUMBER

TITLE

DATE

52.204-22

Alternative Line Item Proposal

Jan 2017

52.212-3

Offeror Representations and Certifications – Commercial Items

Mar 2020

52.212-4

Contract Terms and Conditions – Commercial Items

May 2015

52.225-25

Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications

Aug 2018

52.228-5

Insurance – Work on a Government Installation

Jan 1997

52.232-39

Unenforceability of Unauthorized Obligations

Jun 2013

52.232-40

Providing Accelerated Payments to Small Business Subcontractors

Dec 2013

52.237-2

Protection of Government Buildings, Equipment, and Vegetation

Apr 1984

52.242-15

Stop Work Order

Aug 1989

52.242-17

Government Delay of Work

Apr 1984

52.242-34

F.O.B Destination

Nov 1991

52.246-16

Responsibility for Supplies

Apr 1984

CONTRACT ADMINISTRATION.

The Contracting Officer or authorized representative, located at the U.S. Coast Guard Surface Forces Logistics Center, 707 E. Ordnance Road Baltimore, MD 21226-5000, will administer this contract. The Contract Specialist will be Linda Lassiter; Phone: (410) 582-4724; E-mail: linda.b.lassiter@uscg.mil

REQUIRED STANDARD OF WORKMANSHIP

Unless otherwise specifically provided in this contract, the quality of all supplies and services rendered hereunder shall conform to the highest standards in the relevant profession, trade, or field of endeavor. All supplies and services shall be rendered or supervised directly by individuals fully qualified in the relevant profession, trade, or field, and holding any licenses required by law.

UNAUTHORIZED INSTRUCTIONS FROM GOVERNMENT PERSONNEL

(a) The Contractor shall not accept any instructions issued by any person employed by the U.S. Government or otherwise other than the Contracting Officer or the Contracting Officer’s Technical Representative acting within the limits of their authority. A Contracting Officer’s Technical Representative shall be designated in writing to the Contractor and shall set forth the scope of their authority.

(b) No information, other than that which may be contained in an authorized amendment to this purchase instrument duly issued by the Contracting Officer, which may be received from any person employed by the Government or otherwise will be considered as grounds for deviation from any stipulations of the purchase instruments or referenced drawings and/or specifications contained herein.

GOVERNMENT REPRESENTATIVES

(a) The Government may upon contract award or thereafter, name representatives with titles such as Project Officer, Contracting Officer's Representative(s), Resident Inspector(s), and so on. Such individuals, IF APPOINTED, will be named in writing by the Contracting Officer. The letter of appointment will indicate the individuals’ titles, and stipulate the rights, responsibilities, and limitations of their appointment.

(b) In any event, no such named individual has the authority to issue any direction under this contract, either technical or otherwise, which constitutes a change to the terms, conditions, price, or delivery schedule of the contract. ONLY the Contracting Officer is authorized to alter the contract in any manner.

Employee Conduct

Contractor employees shall comply with all applicable Government regulations, policies and procedures (e.g., fire, safety, sanitation, environmental protection, security, “off limits” areas, wearing of parts of military uniforms, and possession of weapons) when visiting or working at Government facilities. The Contractor shall ensure contractor employees present a professional appearance at all times and that their conduct shall not reflect discredit on the United States, the Department of Homeland Security or the U.S. Coast Guard.

Removing Employees for Misconduct or Security Reasons

The Government may, at its sole discretion, direct the Contractor to remove any Contractor employee from U.S. Coast Guard facilities for misconduct or security reasons. Removal does not relieve the Contractor of the responsibility to continue providing the services required under this contract. The Contracting Officer will provide the Contractor with a written explanation to support any request to remove an employee.

INVOICING REQUIREMENTS

The Contractor shall prepare a proper invoice IAW FAR clause 52.212-4, and in addition to the information required by FAR 52.212-4(g) as cited in the contract. All invoices shall be itemized to correlate to the Schedule of Supplies. All information must be included in an invoice for it to constitute a proper invoice. All improper invoices will be rejected which could delay payment.

An original invoice shall be submitted to the payment office designated on the award document. A copy of the invoice shall also be submitted to the Contract Specialist when the original invoice is submitted. The Contract Specialist is Linda Lassiter at linda.b.lassiter@uscg.mil. The copy sent to the Contract Specialist should be clearly marked “Information Only”. Each invoice shall contain the following information:

Name and address of the contractor (the name on the invoice must match the name on the task order)
Contract Number, Task Order Number, Document Number
Invoice Number and Invoice Date
Contract Line Item Number(s)
Period of performance covered by the invoice
Terms of any discount for prompt payment, if offered
Name and address of official to whom payment is to be sent
Name, title, phone number, and email address of person to notify in event of defective invoice
DUNS Number
Tax Identification Number
Name of Contract Specialist or Contracting Officer
Annotate on the invoice whether the contractor represents a small business for accelerated payment purposes

Failure to submit invoices directly to the payment office listed below will delay prompt payment of your invoice.

Commercial Invoices

U.S. Coast Guard YARD

P. O. Box 4122

Chesapeake, VA 23327-4122

Contract No: {To be furnished at time of award}

NOTE: Invoices may also be submitted via e-mail to FIN-SMB-YardTeam@uscg.mil .

RESPONSIBLE OFFICIAL(S) WHO CAN RECEIVE NOTIFICATION OF AN IMPROPER INVOICE AND ANSWER QUESTIONS REGARDING THE INVOICE

For use in the event your firm receives a contract as a result of this solicitation, designate below the responsible official(s) who can receive notification of an improper invoice and answer questions regarding the invoice.

NAME: ____________________________________

TITLE: ____________________________________

ADDRESS: ____________________________________

____________________________________

PHONE: ____________________________________

EMAIL: ____________________________________

FAR 52.203-17 CONTRACTOR EMPLOYEE WHISLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013)(DHS-USCG DEVIATION 14-01)

This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the enhancement of whistleblower protections for Contractor employees established at 10 U.S.C. 2409 by section 827 of the NDAA for FY 2013 (Pub. L. 112-239) and FAR 3.908.

The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 10 U.S.C. 2409, as described in section 3.908 of the FAR.
The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.

FAR 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019)

The Offeror shall not complete the representation in this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services-Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(a) Definitions. As used in this provision—

“Covered telecommunications equipment or services”, “critical technology”, and “substantial or essential component” have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing—

(1)A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(d) Representation. The Offeror represents that it □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will” provide covered telecommunications equipment or services”, the Offeror shall provide the following information as part of the offer—

(1) A description of all covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

Definitions. As used in this provision—

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

The total value of all current, active contracts and grants, including all priced options; and
The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

The offeror □ has □ does not have current active Federal contracts and grants with total value greater than $10,000,000.
If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i)In a criminal proceeding, a conviction.

(ii)In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii)In an administrative proceeding, a finding of fault and liability that results in–

The payment of a monetary fine or penalty of $5,000 or more; or
The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv)In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (MAR 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).
52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805note)).

The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

__X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__X__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

_____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__X__ (4 ) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

______ (5) [Reserved].

____ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_____ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__X__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101note).

__X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

_____ (10) [Reserved].

_____ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C.657a).

____ (ii) Alternate I (Mar 2020) of 52.219-3.

_____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

_____ (ii) Alternate I (Mar 2020) of 52.219-4.

_____ (13) [Reserved]

__X__ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Mar 2020) (15 U.S.C.644).

_____ (ii) Alternate I (Mar 2020).

____ (iii) Alternate II (Nov 2011).

____ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Mar 2020) (15 U.S.C. 644).

_____ (ii) Alternate I (Mar 2020) of 52.219-7.

_____ (iii) Alternate II (Mar 2004) of 52.219-7.

_X____ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

_____ (17) (i) 52.219-9, Small Business Subcontracting Plan (Mar 2020) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (Nov 2016) of 52.219-9.

____ (iii) Alternate II (Nov 2016) of 52.219-9.

____ (iv) Alternate III (Mar 2020) of 52.219-9.

____ (v) Alternate IV (Aug 2018) of 52.219-9

_____ (18) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

__X__ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C.637(a)(14)).

__X__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

_____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657f).

__X__ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Mar 2020) (15 U.S.C. 632(a)(2)).

_____ (ii) Alternate I (MAR 2020) of 52.219-28.

_____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).

_____ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar 2020) (15 U.S.C. 637(m)).

_____ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

_____ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15 U.S.C. 637(a)(17)).

__X__ (27) 52.222-3, Convict Labor (June 2003) (E.O.11755).

__X__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (E.O.13126).

__X__ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

__X__ (30} (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

___ (ii) Alternate I (Feb 1999) of 52.222-26.

__X__ (31) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

____ (ii) Alternate I (July 2014) of 52.222-35.

__X__ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).

____ (ii) Alternate I (July 2014) of 52.222-36.

__X__ (33) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

__X__ {34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

__X__ (35) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

_____ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter78 and E.O. 13627).

__X__ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

_____ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

_____ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

_____ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

_____ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

_____ (ii) Alternate I (Oct 2015) of 52.223-13.

_____ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (Jun 2014) of 52.223-14.

_____ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

_____ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

__X__ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

_____ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

_____ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).

_____ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

___ (ii) Alternate I (Jan 2017) of 52.224-3.

_____ (48) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

_____ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

___ (ii) Alternate I (May 2014) of 52.225-3.

____ (iii) Alternate II (May 2014) of 52.225-3.

____ (iv) Alternate III (May 2014) of 52.225-3.

__X__ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__X__ (51) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

______ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

______ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

______ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

______ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)).

______ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.4505, 10 U.S.C.2307(f)).

__X__ (57) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).

_____ (58) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332).

_____ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

_____ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

_____ (61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

_____ (62) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

____ (ii) Alternate I (Apr 2003) of 52.247-64.

____ (iii) Alternate II (Feb 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

_X__ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

_X__ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

____ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

____ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_X__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

____ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

____ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

_X__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

_X__ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

_____(10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(vii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(viii) 52.222-26, Equal Opportunity (Sept 2015) (E.O.11246).

(ix) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C.4212).

(x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).

(xi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C.4212)

(xii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xiii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiv)

(A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (Mar 2015) of 52.222-50(22 U.S.C. chapter 78and E.O 13627).

(xv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xvii) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xx)

(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.1241(b) and 10 U.S.C.2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

HSAR 3052.212-70, CONTRACT TERMS AND CONDITIONS APPLICABLE TO DHS ACQUISITION OF COMMERCIAL ITEMS (SEP 2012)

The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference:

3052.204-71 Contractor Employee Access.

3052.205-70 Advertisement, Publicizing Awards, and Releases.

3052.215-70 Key Personnel or Facilities.

3052.217-95 Liability and Insurance. (USCG)

3052.228-70 Insurance.

3052.242-72 Contracting Officer’s Technical Representative.

3052.247-72 F.o.B. Destination Only.

ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (OCT 2018)

NOTE: Quotations that fail to follow these submission requirements shall be determined unacceptable and shall be eliminated from further consideration.

SUBMISSION INSTRUCTIONS:

Each Offeror shall furnish all the information required by the solicitation as follows:
1. Offerors shall return one fully executed, signed original of this Request for Quote and all amendments. (ALL PAGES must be returned.) NO OTHER FORMATS SHALL BE ACCEPTED.
  1. Draft footing and piling design
  2. Draft project schedule with Gantt chart
  3. Draft test plan
  4. Warranty
2. Past Performance/References
3. Signed copies of any issued amendment to the solicitation
4. Offerors shall provide a price for each CLIN listed in the Schedule of Supplies/Services and Prices/Costs.
5. Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications – Commercial Items (Mar 2020) with your offer.

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (r) of this provision.

Offerors shall e-mail their quotation to the Contract Specialist, Linda Lassiter at linda.b.lassiter@uscg.mil, no later than 20 April 2020 at 11:00AM EST. All submissions shall include “70Z04020Q61092Y00” in the subject line of the email. Quotations received after the established due date shall be considered unacceptable and may shall be eliminated from further consideration.
FASIMILIE TRANSMISSION OF QUOTATIONS ARE NOT ACCEPTABLE.
Data previously submitted, or presumed to be known, i.e., descriptions of other projects performed for the Government, SHALL not be considered as part of the quotation unless physically incorporated into the quotation.
Clarity, completeness, and conciseness are essential. The overall quality of the quotation shall be evaluated in the context of being representative of the Offeror’s capability. “Brochuremanship” is not desired or recommended. DO NOT make general statements about capabilities.
The proposal shall be submitted electronically in three (3) volumes, and shall be clearly marked as to volume number, solicitation number, and the company name and/or logo with a point of contact, complete contact information including name, telephone number, and e-mail address. Volumes I and II shall not contain any pricing information. The electronic quotation shall be in Portable Document Format (PDF).

Volume

Description

Technical Capability

Past Performance

III

Price

All quotations submitted in response to this solicitation must discuss the following:

(h) The technical volume shall not exceed 30 pages, printed on 1 side with 12-point font.

The technical capabilities submitted in response to this solicitation must demonstrate an understanding and the ability to meet all the requirements covered in the Performance Work Statement (PWS). The technical volume should provide the step-by-step procedures the Offeror will use to satisfy all requirements throughout the period of performance.

Proposals shall be prepared in such a manner as to enable personnel with general training to make a thorough evaluation and arrive at a sound determination as to whether or not the proposed services will satisfy the requirements of the government. In order to provide all necessary information for a comprehensive evaluation, all proposals must be complete, self-sufficient, and respond directly to the requirements of the solicitation.

PRICE

The Offeror’s price shall represent the best price in response to the Request for Quotation (RFQ). The offeror shall provide pricing information for all CLINS. All prices on CLINs shall be firm-fixed prices and shall indicate FOB DESTINATION as referenced in FAR 52.2347-3.

PAST PERFORMANCE

Offerors are required to provide three (3) past performance references for contracts completed during the past 3 years or currently in process, of similar size, scope, and complexity to the requirements indicated in the Performance Work Statement (PWS). Contracts listed may include those entered into with the Federal Government, agencies of the state and local governments, and commercial customers. If subcontracting is proposed, Offerors shall be required to include three references for each subcontractor to be utilized.

Offerors shall present this information for each contract in the following format:

Company/Agency Name
Program Title
Contract Number
Contract Type
Date of Award
Contract Dollar Value
Period of Performance
Place of Performance
Contracting Activity
Brief Description of Work Performed. Explain the nature of the work involved and the extent that the work involved is similar to the requirements of this PWS.
Two Customer Points of Contact with name, current telephone numbers and e-mail addresses.

FAR 52.212-2 - EVALUATION - COMMERCIAL ITEMS. (OCT 2014)

The Government will award a contract resulting from this solicitation to the responsible offeror whose offer, conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

TECHNICAL
In order to be determined technically acceptable, the offerors quotation must meet all minimum requirements in the performance work statement.
Any response that does not provide this information will be considered non-responsive and removed from further consideration for award.
PRICE
Offerors are required to provide prices for all items/CLINs. All prices on CLINs shall be firm-fixed price and shall indicate FOB DESTINATIONas referenced in FAR 52.247-34. The total of all CLINS shall be added together to arrive at an aggregate total.
2.1 Price Reasonableness
Price analysis techniques may be used to further validate price reasonableness. If adequate price competition is not obtained or if price reasonableness cannot be determined using price analysis of Government obtained information, additional information will be required to support the proposed price. Unrealistically low proposed prices, initially or subsequently, may be grounds for eliminating a quote from competition either on the basis that the Offeror does not understand the requirements or that the Offeror has submitted an unrealistic quote.
PAST PERFORMANCE

The government will review the Offeror’s past performance record to ascertain the Offeror’s capability to successfully perform the resultant contract. The Government will focus on information that demonstrates quality or performance relative to the scope of and complexity of this acquisition. Evaluation of past performance will include the references submitted by the Offeror as well as other relevant and recent past performance information found on the Contractor Performance Assessment Reporting System (CPARS).

Offerors will be determined acceptable for the past performance evaluation factor if the Government has a reasonable expectation that the Offeror will successfully perform the required effort. In the event the Offeror does not have any recent or relevant past performance, the Offeror will receive a Neutral rating. Offerors with a Neutral past performance rating will be considered technically acceptable. Offerors with negative CPARS assessments will be given the opportunity to address the negative assessment.

Award shall be made to the lowest priced technically acceptable offeror. The Government will evaluate the lowest-priced quotation first for technical acceptability and acceptable past performance. If found to be acceptable, evaluations will stop and award will be made to that offeror. If found to be unacceptable in either technical or past performance, the Government will move to the next lowest-priced quotation and repeat the evaluation. This process will be followed until award is made.

A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful Offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

FAR 52.232-15 PROGRESS PAYMENTS NOT INCLUDED (APR 1984)

A progress payments clause is not included in this solicitation, and will not be added to the resulting contract at the time of award. Bids conditioned upon inclusion of a progress payment clause in the resulting contract will be rejected as nonresponsive.

FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR 300 clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

Update #5 · Jun 19, 2020

6/19/2020: Amendment A00004

6/11/2020: Amendment A00003

Any questions must be submitted to Contract Specialist, Linda Lassiter, at linda.b.lassiter@uscg.mil by Thursday, 18 June 2020 @ 3:00pm EST. No questions will be accepted after this time.

Quotations shall be submitted via email to the Contract Specialist, Linda Lassiter at linda.b.lassiter@uscg.mil by Wednesday, 24 June 2020 @ 11:00am EST.

ADDITIONAL NOTES:

3. Site Survey:

In an effort to promote clear communication of government requirements for this acquisition, a site visit is scheduled for Thursday, 18 June 2020 @ 10:00 am EST at the following location:

USCG Yard

2401 Hawkins Point Road

Baltimore, MD 21226-5000

POC: LTJG Katherine Beasley

Phone: (410) 636-3470

Email: Katherine.a.beasley@uscg.mil

4/24/2020: Amendment A00002

The attached amendment (Amendment A00002) has been issued to provide clarification to the previously posted questions from industry related to this solicitation.

4/17/2020: Amendment A00001

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program

The Ombudsman Hotline telephone number is 202.372.3695.

INSTRUCTIONS TO OFFEROR

Any questions concerning this solicitation must be submitted as Request for Information (RFIs) via e-mail only to linda.b.lassiter@uscg.mil no later than 13 April 2020 at 11:00 AM (EST).

Offeror(s) shall submit a complete price schedule. All line items must be priced to be considered for award. Quotes providing partial pricing shall be considered non- responsive.

U.S. COAST GUARD INSPECTIONS AND ACCEPTANCE (DESTINATION)

PLACE OF PERFORMANCE.

U.S. Coast Guard Yard

2401 Hawkins Point Road

Baltimore, MD 21226-5000

SCHEDULE OF SUPPLIES OR SERVICES AND PRICES/COSTS

CLIN No.

Description

Qty.

Unit of Measure

Unit Price

Total Amount

0001

20-Ton Overhead Gantry Crane

Ea.

0002

Column-Mounted Jib Crane

Ea.

0003

Design for Footers and Pilings

Ea.

0004

Installation, Testing, Certification, and Training

0005

Project Schedule with Gantt Chart

Ea.

NSP

0006

Test Plan

Ea.

NSP

0007

Technical Manuals

Sets

NSP

FAR 52.211-8 TIME OF DELIVERY (JUN 1997)

The Government requires delivery to be made according to the following schedule:

Required Delivery Schedule:

Overhead Gantry Crane and Column-Mounted Jib Cranes

CLIN No.

Description

Qty

Within Calendar Days From

0001

20-Ton Overhead Gantry Crane

1 ea.

120 days after Contract Award

0002

1.5-Ton Column-Mounted Jib Crane

9 ea.

120 days after Contract Award

0003

Design for Footers and Pilings

1 ea.

Draft with proposal

Final 20 days after Contract Award

0004

Installation, Testing, and Certification

1 JB

Schedule to be Determined

0005

Project Schedule with Gantt Chart

1 ea.

Draft with proposal

Final 30 days after Contract Award

0006

Test Plan

1 ea.

Draft with proposal

Final 30 days after Contract Award

0007

Technical Manuals

2 sets

30 days prior to training

Offeror’s Proposed Delivery Schedule:

Overhead Gantry Crane and Column-Mounted Jib Cranes

CLIN No.

Description

Qty

Within Calendar Days From

0001

20-Ton Overhead Gantry Crane

1 ea.

days after Contract Award

0002

1.5-Ton Column-Mounted Jib Crane

9 ea.

days after Contract Award

0003

Design for Footers and Pilings

1 ea.

Draft with proposal

Final days after Contract Award

0004

Installation, Testing, and Certification

1 JB

0005

Project Schedule with Gantt Chart

1 ea.

Draft with proposal

Final days after Contract Award

0006

Test Plan

1 ea.

Draft with proposal

Final days after Contract Award

0007

Technical Manuals

2 sets

days prior to training

Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful Offeror, results in a binding contract. The Government will mail or otherwise furnish to the Offeror an award or notice of award not later than the day award is dated. Therefore, the Offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor’s date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term “working day” excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

NUMBER

TITLE

DATE

52.204-22

Alternative Line Item Proposal

Jan 2017

52.212-3

Offeror Representations and Certifications – Commercial Items

Mar 2020

52.212-4

Contract Terms and Conditions – Commercial Items

May 2015

52.225-25

Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications

Aug 2018

52.228-5

Insurance – Work on a Government Installation

Jan 1997

52.232-39

Unenforceability of Unauthorized Obligations

Jun 2013

52.232-40

Providing Accelerated Payments to Small Business Subcontractors

Dec 2013

52.237-2

Protection of Government Buildings, Equipment, and Vegetation

Apr 1984

52.242-15

Stop Work Order

Aug 1989

52.242-17

Government Delay of Work

Apr 1984

52.242-34

F.O.B Destination

Nov 1991

52.246-16

Responsibility for Supplies

Apr 1984

CONTRACT ADMINISTRATION.

REQUIRED STANDARD OF WORKMANSHIP

UNAUTHORIZED INSTRUCTIONS FROM GOVERNMENT PERSONNEL

GOVERNMENT REPRESENTATIVES

Employee Conduct

Removing Employees for Misconduct or Security Reasons

INVOICING REQUIREMENTS

Name and address of the contractor (the name on the invoice must match the name on the task order)
Contract Number, Task Order Number, Document Number
Invoice Number and Invoice Date
Contract Line Item Number(s)
Period of performance covered by the invoice
Terms of any discount for prompt payment, if offered
Name and address of official to whom payment is to be sent
Name, title, phone number, and email address of person to notify in event of defective invoice
DUNS Number
Tax Identification Number
Name of Contract Specialist or Contracting Officer
Annotate on the invoice whether the contractor represents a small business for accelerated payment purposes

Failure to submit invoices directly to the payment office listed below will delay prompt payment of your invoice.

Commercial Invoices

U.S. Coast Guard YARD

P. O. Box 4122

Chesapeake, VA 23327-4122

Contract No: {To be furnished at time of award}

NOTE: Invoices may also be submitted via e-mail to FIN-SMB-YardTeam@uscg.mil .

RESPONSIBLE OFFICIAL(S) WHO CAN RECEIVE NOTIFICATION OF AN IMPROPER INVOICE AND ANSWER QUESTIONS REGARDING THE INVOICE

NAME: ____________________________________

TITLE: ____________________________________

ADDRESS: ____________________________________

____________________________________

PHONE: ____________________________________

EMAIL: ____________________________________

FAR 52.203-17 CONTRACTOR EMPLOYEE WHISLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013)(DHS-USCG DEVIATION 14-01)

This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the enhancement of whistleblower protections for Contractor employees established at 10 U.S.C. 2409 by section 827 of the NDAA for FY 2013 (Pub. L. 112-239) and FAR 3.908.

The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 10 U.S.C. 2409, as described in section 3.908 of the FAR.
The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.

FAR 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019)

(a) Definitions. As used in this provision—

(1)A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

Definitions. As used in this provision—

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

The total value of all current, active contracts and grants, including all priced options; and
The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

The offeror □ has □ does not have current active Federal contracts and grants with total value greater than $10,000,000.
If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i)In a criminal proceeding, a conviction.

(ii)In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii)In an administrative proceeding, a finding of fault and liability that results in–

The payment of a monetary fine or penalty of $5,000 or more; or
The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv)In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (MAR 2020)

52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).
52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805note)).

The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: